R SOMAN Vs. S PUSHPARAJAN

JUDGEMENT

(1.) The challenge is with regard to Ext. P1 order of the Arbitrator overruling the objection raised that the election petition filed as Suit No. 3/98 is not maintainable.

(2.) The contention raised by the petitioner as 8th defendant therein was that the suit was not maintainable for the reason that the Court-fee of Rs. 500/- each has not been paid by the plaintiffs therein. Reliance was placed in that regard on the decision in Peter v. Aravindakshan (1998) 2 Ker LT 729. After a reference to R. 67(7) of the Co-operative Societies Rules, 1969 which provides that for non-monetary disputes, the Court-fee payable will be Rs. 500/-, it was observed that over and above the said fee, a person who challenges an election, has to affix a Court-fee of Rs. 2/- as well. The petitioner's case is built upon a reference to the words "a person" contained in the said judgment. According to him, ' a person' means each person and depending upon the number of persons in the array of plaintiffs, each of them has to pay Court-fee of Rs. 500/-.

(3.) On hearing both sides, I find no merit in the said contention. What Rule 67(7)(a)(ii) mandates is that the Court-fee payable for non-monetary disputes shall be Rs., 500/-. If there is only one common prayer for all the petitioners, they need not pay Rs. 500/- each. There is nothing in Rule 67 which connects the Court-fee payable to the number of petitioners.